JUDGMENT

Anant Ramanath Hegde, J. - Whether the Muslim Personal Law (Shariat) Application Act, 1937, overrides Section 2(q) and Article 48 of the Karnataka Stamp Act 1957, which deal with the contract of 'settlement' is the question that requires consideration in this appeal.

The trial Court in effect has held that the transfer of property through settlement deed is impermissible among the Mohammadans.

2. The suit is one for partition and separate possession. The plaintiff claimed 1/4th share, out of 7/8th share in the suit schedule property. The suit is decreed as prayed. Aggrieved by the judgment and decree, defendants No.3 to 5 are in appeal.

3. The admitted genealogy of the parties is as under:

4. One T.A. Abdul Jabbar was the propositus. He had three wives viz., Bibi Jaan, Kusalambi, and Haleema Bi. Abdul Jabbar died on 07.08.1968. When he died in 1968, his first wife Bibi Jaan was divorced, his second wife was not alive and his third wife was alive.

5. The suit is filed by Habeebunnisa and Khairunnisa, the daughters of T.A. Abdul Jabbar from his third wife Haleema Bi. The first defendant is Haleema Bi. The second defendant, Najimunnisa is the widow of T.A.Abdul Rasheed, the son of